https://www.taxtmi.com/caselaws?id=383126 Utilisation of CENVAT credit after the relevant notification was treated as impermissible, and the duty demand with interest was maintained in line with the binding High Court view. Penalty, however, was held unsustainable because the credit was used under a bona fide impression that Education Cess and Higher Education Cess credit remained available, and the record did not show any intention to evade duty. The operative distinction was between the maintainability of the duty demand and the absence of mens rea for penal action. en-us Fri, 05 Jul 2019 00:00:00 +0530 Thu, 18 Jul 2019 07:56:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=383126 Utilisation of CENVAT credit after the relevant notification was treated as impermissible, and the duty demand with interest was maintained in line with the binding High Court view. Penalty, however, was held unsustainable because the credit was used under a bona fide impression that Education Cess and Higher Education Cess credit remained available, and the record did not show any intention to evade duty. The operative distinction was between the maintainability of the duty demand and the absence of mens rea for penal action. Case-Laws Central Excise Fri, 05 Jul 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=383126